(1) Employer means:
(a) (I) Any employing unit that, after December 31, 1985, and prior to January
1, 1999, had in employment at least one individual performing services at any time;
except that this paragraph (a) shall not apply to employing units for which service
in employment, as defined in sections 8-70-118 to 8-70-121, is performed.
(II) Any employing unit that, after December 31, 1998:
(A) Paid wages of one thousand five hundred dollars or more during any
calendar quarter in the calendar year or the preceding calendar year; or
(B) Employed at least one individual in employment for some portion of the
day on each of twenty days during the calendar year or during the preceding
calendar year, each day being in a different calendar week.
(III) After December 31, 1998, this paragraph (a) shall not apply to employing
units for which service in employment, as defined in sections 8-70-118 to 8-70-121,
is performed.
(IV) For purposes of this paragraph (a), employment shall include service
that would constitute employment but for the fact that such service is deemed to
be performed entirely within another state pursuant to an arrangement entered into
in accordance with section 8-72-110 (3) by the division and an agency charged with
the administration of any other state or federal unemployment compensation law.
(V) For the purposes of this paragraph (a), if any calendar week includes both
December 31 and January 1, the days of that week up to January 1 shall be deemed
one calendar week and the days beginning January 1 another such week.
(b) Any employing unit for which service in employment as defined in section
8-70-118 is performed after December 31, 1971, except as provided in subsections
(2) and (3) of this section. For purposes of this paragraph (b), employment shall
include service which would constitute employment but for the fact that such
service is deemed to be performed entirely within another state pursuant to an
arrangement entered into in accordance with section 8-72-110 (3) by the division
and an agency charged with the administration of any other state or federal
unemployment compensation law.
(c) Any employing unit for which service in employment as defined in section
8-70-119 is performed, except as provided in subsections (2) and (3) of this section;
(d) Any employing unit for which agricultural labor as defined in section 8-70-109 is performed and is defined as employment in section 8-70-120;
(e) Any employing unit for which domestic service in employment as defined
in section 8-70-121 is performed;
(f) Any employing unit (whether or not an employing unit at the time of
acquisition) which acquired the organization, trade, or business, or substantially all
of the assets of an employer subject to articles 70 to 82 of this title, or which
acquired a part of the organization, trade, or business of an employer subject to
articles 70 to 82 of this title, if such part would have been an employer under this
section had it constituted the entire organization, trade, or business;
(g) Any employing unit that is not defined as an employer under this section
but for which, within either the current or the preceding calendar year, service is or
was performed with respect to which such employing unit is liable for any federal
tax against which credit may be taken for premiums required to be paid into a state
unemployment fund;
(h) Any employing unit that, as a condition for approval of articles 70 to 82 of
this title for full credit against the tax imposed by the Federal Unemployment Tax
Act for premiums paid, is required, pursuant to such act, to be an employer under
articles 70 to 82 of this title;
(i) Any employing unit which, having become an employer under paragraphs
(a) to (h) of this subsection (1), has not under section 8-76-106, ceased to be an
employer subject to articles 70 to 82 of this title;
(j) For the effective period of its election pursuant to section 8-76-107, any
employing unit which has become subject to articles 70 to 82 of this title; or
(k) Any Indian tribe for which service in employment as defined under section
8-70-125.5 is performed.
(2) In determining whether or not an employing unit for which service other
than agricultural labor is also performed is an employer under paragraphs (b) and
(e) of subsection (1) of this section, the wages earned or the employment of an
employee performing service in agricultural labor after December 31, 1977, shall
not be taken into account. If an employing unit is determined to be an employer of
agricultural labor, such employing unit shall be determined to be an employer for
the purposes of paragraph (a) of subsection (1) of this section.
(3) In determining whether or not an employing unit for which service other
than domestic service is also performed is an employer under paragraph (b), (c), or
(d) of subsection (1) of this section, the wages earned or the employment of an
employee performing domestic service after December 31, 1977, shall not be taken
into account.